Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1887-08-05
JUSTICE WOODS SUCCESSOR.
[Richmond Wing, Dem. u.


Woods, of the United States Su-
preme Court reOpens one OF the
most important constitutional ques-
tions passed upon by that tribunal
since the war; The Herald dis
cusses the matter impartlally, and
gives no inkling of preference for
sides in the controversy. Ii says
the decision was staggering blow
to population, not only in Virginia,
but in every other State" and that
it "put every State in the Union in
the power OF the Federal Courts
with respect TO its financial Obliga-
tons p that Kit recognized in the
national judiciary, authority to en-
force contracts between State
and its creditors to coerce State
into the fulfilment of its contract
and the payment Of its indebted
ness.v The HerdM admits that
this is a new doctrine in this coun-
try-that "the important principles
affirmed by the Supreme Court in
1885 was then affirmed for the first
time"
That principle was affirmed by a
majority of one, and since the death
of Justice Woods the Conrt stands
equally divlded-Justices Field,
Harlan, Matthews and BlatchtOrd
in favor of the decision, and Chief
Justice Waite and Justices Miller,
Bradley and Gray opposed to it. So
when Justice Woods successor is
appointed he will virtually have
the decision of the question in his
own hands. The Herald very
truly says: "The question is bound
to come before the Court again.
Virginia is not likely to fail to take
advantage OF the situation. When
the question is again decided the
decision will depend on the new
Justice who is to take the place OF
Justice Woods. On him will depend
whether the doctrine affirmed by
the Court in 1885 shall be reafiirm.
cd or whether the sover-
eighty of the State shall be what it
formerly was or what il, under the
decision of two years ago."
There is nothing new to Virgin
lans in all this, but it shows that
the matter is attracting attention
outside of the State, and that the
importance OF the question involy.
ed is appreciated at Its full value.
Our neighbOr, the Times, refer
ring to the HeraIfs article, asks
els it likely that Mr.. Cleveland will APP
point to the Supreme Court any man who
might exploit himself and the Admins
tratiOn in the first month perhaps Of his
career by reversing the former decision OF
the court, and in a way to put the stigma
of favorng population on the President
and the court
ave decidedly think not. And this is
the point at which the Riddleberger adj
vocates will find their hopes blighted."
We donot suppose that Mr.. Cleye'
land will undertake pack the court
one way or the other, and it would
certainly be a very improper act for
him to do so. He would degrade
his office by asking lawyer to say
beforehand how he would decide a
legal question that would be likely
to come before him for adjudlca-
ton after lie had been made a judge,
and a lawyer who would so commit
himself would be unworthy of the
office. But it Is all stuff about "a
reversal of the late decision putting
"the stigma of reputation on the
President and the court" Does
any such stigma attach to Chlef
Justice Waite and the three asso'
ciate justices who united with MN
in dissenting from the decision
of the Court? They simply held,
that under the eleventh amendment
to the Constitution the Federal
courts cannot cOerce stale - that
they have no jurisdiction OF suits
brought against one state oy cltl'
Gems of another state, or subjects
of any foreign state; and that suits
against state officers are virtually
suits against the state. Justice
Bradley said, and Chief Justice
Waite and Justices Miller and Gray
concurred with him:
Estate officers have no power but what
the State gives them. They act for
and on behalf of the State, and in no
other way. To sue them. therefore, be-
cause they will not receive the coupons in
payment of taxes, is virtually to sue the
State. The whole object is to coerce the
State. 1t is idle to say that the proceed
ing is only against the officers.
"These suits are attempts to coerce
State by judicial proceedings. They are
that and nothing else. 1t is useless to at
tempt to deceive ourselves by an adroit
use of words or by train of metaphysical
reasoning. We cannot in that way change
the nature of things.
"This is the first time, we believe, since
the eleventh amendment was adopted in
which State has been cOerced by judicial
proceedings at the suit of individuals in
the Federal courts. That this is such
case seems one of the plainest propositions
that can be stated"
Welmaglne that President Cleve-
land is just as much interested in
having the country return to aprop-
er Interpretation of the constitution
as he is in having the Supreme Court
adhere to its policy of trying to CO.
cree a state to pay its debts by
usurping jurisdiction which is ex-
pressly withheld from them by the
constitution. At all events he has
lntimated that he will appoint a
Southern Democrat to succeed JUS
tice Woods, and with that assur-
ance we feel that the day of our de.
liyerance from Federal usurpation
is not far off.
Commenting on the same subject,
the Washington Post says
ain the nature of things, President Cleve-
land will appoint judge who will endorse
Justice Bradley and his associates. OF all
the lawyers competent-Democrats or Re-
publicans, North or South-a vast maiori-
ty of the Republicans and ninety-nine one
hundredths of the Democrats will be Of
that opinion.
This is as plain proposition as Judge
Bradley said his WIS.,